Appeal Court Frees Momife, ex-M-Tel Boss

The Court of Appeal in Abuja has discharged and acquitted Edwin Moore Momife, former chief executive officer of M-Tel, for allegedly receiving bribes from German telecommunications, firm, Siemens Limited.

Momife was charged with three others for the alleged offence.

The court, in a unanimous decision, held that Momife had no case to answer, adding that the Economic and Financial Crimes Commission (EFCC) ought not to have subjected him to a trial because no offence known to law was established against him.

Justice Tinuade Akomolafe-Wilson, who read the judgment, held that the Siemens officials, with whom Momife was said to have conspired, were not charged even when they were not said to be on the run.

The court held that the accused could not have conspired with himself.

The court also held that even though the accused admitted receiving flight tickets from Siemens, there was no relationship, business or otherwise between Siemens and the accused.

It said the offence of receiving a bribe without value consideration was not sustainable.

The Appellate Court set aside the decision of Justice Danlami Senchi of an Abuja High Court, which held that the former M-Tel chief had a case to answer.

Momife was charged with a former Director of the Power Holding Company of Nigeria (PHCN), Maigada Shuaibu; an ex-General Manager of Finance in the defunct Nigerian Telecommunications Limited (NITEL), Emmanuel Chukwuemeka Ossai and a former Permanent Secretary in the Federal Ministry of Power and Steel, Mahmood Sadiq Mohammed, before an Abuja High Court sitting at Wuse Zone 2, for allegedly receiving bribes from Siemens Limited.

They all pleaded not guilty to the charges and were granted bail on self-recognisance by Justice Danlami Senchi.

In the 16-count amended charge filed against them by the EFCC, the four accused allegedly received for themselves and their family members air tickets to attend a FIFA World Cup in Germany, besides allegedly receiving frequent sponsored trips to Germany for medical check-ups.

The accused denied the charges.

The EFCC alleged that the company made an arrangement with a hospital at Stiftung Deutsche Klinik Fuer Diagnostik Gmbh, International Patientenservice, Aukammalle 33, 65191, Wiesbaden, Germany, where it said the accused persons and their relations visited frequently between 2002 and 2006.

The offences they allegedly committed were said to have contravened Section 96 of the Penal Code, Cap 532, LFN (Abuja) 1990 and punishable under Section 119 of the same code.

The Federal Government, before the arraignment of the accused, had withdrawn the charges filed against Siemens AG, its subsidiary in Nigeria and four of its principal workers involved in the alleged bribery scandal.

The Federal Government withdrew the case against the company after it agreed to pay a fine of N7 billion to the governmen